The Stoel Rives Labor & Employment Law Blog
On January 13, 2022, the United States Supreme Court issued a stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine-or-test rule for large employers. Although the OSHA rule is effectively off the table, there are still a host of COVID rules that employers must comply with.
Stoel Rives has created an interactive map…
In a special session this week, the Utah State Legislature passed a bill aimed at undermining the federal vaccine mandate for large employers. Like previously existing law, SB 2004 mandates that any Utah employer requiring vaccination for COVID-19 must allow employees an exemption for medical or reasons or because of religious beliefs. The Utah bill…
Please note: The information below is based on what we know today, and that rules and regulations are literally changing daily. Employers need to be nimble and flexible – check your local rules on a daily basis.
As more and more people receive the COVID-19 vaccine, employees are starting to ask questions about mask requirements. …
The Utah State Legislature is currently considering legislation that would significantly limit the use of non-compete agreements in Utah. Senate Bill 46 (SB 46) has passed the Senate and received a favorable recommendation from the Utah House Business and Labor Interim Committee. The bill adds to restrictions the Utah State Legislature enacted in 2016, which…
Utah residents were advised Sunday night of a state of emergency arising from the COVID-19 pandemic. In response to a significant spike in cases and attendant strain on Utah hospital facilities and health care providers, Governor Gary Herbert issued Executive Order 2020-73 (the “Executive Order”), imposing new restrictions to curb the transmission of the COVID-19…
In the face of a significant COVID-19 surge, Utah Gov. Gary Herbert announced yesterday the implementation of a new regime for evaluating COVID-19 transmission risk and enhanced measures for mask use, social distancing, and other steps to combat transmission. Effective October 13, 2020, the state of Utah will use a three-tiered Transmission Index, placing counties…
On June 25, Governor Gary Herbert approved requests by leaders in Salt Lake and Summit Counties to require face coverings in indoor and outdoor settings where social distancing is difficult or impossible. The Governor had previously mandated the use of face coverings in state buildings, including state offices, liquor stores, colleges, and universities.
Salt Lake…
Thank you to everyone who attended our webinar on Taming the COVID-19 Chaos, Part 6—Bringing Employees Back to Work. If you missed it, be on the lookout for details on future webinars to help employers navigate these challenging times.
We received some questions about whether employees can continue to use FFCRA leave after the end…
Like many states, Utah has begun considering how and when it can return its economy back to more normal activity. On April 17, 2020, Governor Gary Herbert issued his Utah Leads Together Plan, version 2.0 (“Plan 2.0”). This plan was partly in response to legislation passed in a special session of the Utah State Legislature,…
With hourly reports of a possible coronavirus (COVID-19) pandemic in the news, employers are confronted with preparing for widespread employee absences or a pandemic situation. Among many issues to consider is how to treat absences related to coronavirus. Not only must employers consider how to treat employees who themselves become ill, they must also prepare for those who will be absent to care for others, as well as possible illness-related furloughs or facility closures.
Under the FLSA and most state wage and hour laws, there is a distinction between how employees are treated, depending upon their status as exempt or non-exempt employees.
Non-exempt employees. Employers should pay non-exempt employees for all time worked but are not required to pay them if they do not perform work. For example, if the non-exempt employee performs work from home, they should be paid for all time actually worked. On the other hand, the employer need not pay non-exempt employees if they perform no work because, for example, the employer closes its facility (1) because of an epidemic, (2) to prevent the spread of disease, or (3) for lack of work.
Continue Reading Pay, Leave, and Scheduling Issues Due to the Coronavirus (COVID-19)
